B01 RFP 75H701-20-Q-00014 Pharmacy Windows.pdf

INDIAN HEALTH SERVICE

DIVISION OF ENGINEERING SERVICES

Solicitation Number: 75H701‐20‐Q‐00014

PH19YU04C7, Pharmacy Windows, Fort Yuma Health Care Center

ISSUE DATE: January 14, 2020

SITE VISIT: January 21, 2020 at 1:00 PM MST

PROPOSAL DUE DATE: February 4, 2020, 12:00 PM MST

PROJECT TABLE OF CONTENTS:

Section Taxonomy

Section A Standard Form 1442, Solicitation, Offer, and Award

Section B Schedule of Items / Price Schedule

Section C Description and Specification (Statement of Work)

Section D Packaging and Markings

Section E Inspection and Acceptance

Section F Deliveries or Performance

Section G Contract Administration Data

Section H Special Contract Requirements

Section I Contract Clauses

Section J List of Documents, Exhibits

Section K Representations and Certifications

Section L Instruction, Conditions and Notices

Section M Evaluation Factors for Award

Proposals must set forth full, accurate, and complete information as required by this request for proposal (including attachments). The penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001.

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 8/2014)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

3. DATE ISSUED PAGE OF PAGES

75H701-20-Q-00014

Indian Health Service (IHS) Division of Engineering Services (DES) 1301 Young Street, Suite 106-840 Dallas TX 75202-5433

Project: PH19YU04C7, Pharmacy Windows at Fort Yuma Health Care Center (FYHCC)

Contractor shall furnish all labor, materials, equipment, supervision, tools, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), Infection Control and Prevention/Construction Risk Assessments (ICRA), construction permits, incidental design, travel, TERO fees, and other resources required to perform the work described in this solicitation.

Performance Location: FYHCC is located at 401 Picacho Road, Winterhaven, CA, 92283

A full scope of work, technical specifications and drawings can be found in pages of this solicitation.

Site Visit information can be found in Section L of this solicitation.

NAICS Code: 236220, Commercial and Institutional Building Construction, Size Standard is $39.5M

Disclosure of the Magnitude of Construction Projects (FAR 36.204): The estimated price range of the proposed construction is between $25,000 and $100,000.

Indian Health Service (IHS) Division of Engineering Services (DES) Attn: Kelly Britton 1301 Young Street, Suite 106-840 Dallas TX 75202-5433

Kelly J. Britton (602) 364-5081

PH19YU04C7

1 4601/14/2020

02/04/2020

12:00 PM

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE.

AWARD (To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 8/2014) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

27. PAYMENT WILL BE MADE BY

10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

DUNS #:

B.2

Indian Health Service, Division of Engineering Services 1301 Young Street, Suite 106-840 Dallas TX 75202-5433

Indian Health Service, Attn: Financial Management 40 N. Central Avenue, Suite 512 Phoenix AZ 85004

KELLY J. BRITTON

CLIN 0001 LUMP SUM PROPOSAL PRICE $______________________

SECTION B

SUPPLIES OR SERVICES AND PRICE/COSTS

PH19YU04C7, Pharmacy Windows at Fort Yuma Health Care Center (FYHCC)

CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT TOTAL COST

BASE BID ITEM

PHARMACY WINDOWS

FORT YUMA HEALTH CARE CENTER

1 LS $_______________

CONSTRUCTION TOTAL $________________

NOTES:

As a reminder, all bidders are responsible for allowing for all applicable state, local and tribal (where applicable) taxes and fees within their bids and to perform their own due diligence in ascertaining them. The Contractor is responsible to pay all applicable tribal fees and/or taxes, or applicable requirements that may be incurred as a result of this project. Failure on the part of the successful bidder/offeror not to include these fees or the appropriate impacts will not constitute a request for an equitable adjustment to the contract price.

NOTES:

B.1. Incidental Payment Items: The intent of the contract is to provide for the complete work of the project described in the contract. Unless otherwise provided, the contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies, taxes and fees requirements and perform all work required to complete the project in accordance with the drawings, specifications, and provisions of the contract. Payment for contract work will be made for and under those pay items included in the Schedule of Items (which is one lump sum price for the contract). All other work and materials will be considered as incidental to and included in the payment for items shown.

B.2. SF1442, Block 24: Invoices for payment shall be sent to the COR and Contracting Officer and reviewed and signed by the COR (signature) prior to submission to the Contracting Officer. The signed payment invoice shall be sent via e‐mail to IHS Contracting Officer for final approval.

B.3. Pricing Data Submission: In accordance with FAR 15.403‐3(a)(ii), Requiring Data Other Than Certified Cost or Pricing Data, it is requested that pricing data be submitted to show the breakdown of costs for the above CLIN. This is requested so that the Contracting Officer can make the determination of a fair and reasonable price. For example, the price breakdown shall have the direct labor cost and direct material cost broken out.

IMPORTANT INFORMATION:

Under no circumstances will any oral statements made be binding upon the Government unless such statements or agreements are issued in writing by the Contracting Officer.

Only a warranted Contracting Officer acting within their delegated limits has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract, you shall not proceed within the change and shall immediately notify the Contracting Officer.

END OF SECTION

SECTION C

DESCRIPTION/WORK STATEMENT

Pharmacy Windows at Fort Yuma Health Care Center (FYHCC) Project No. PH19YU04C7

A. PROJECT DESCRIPTION

Title: PH19YU04C7, Pharmacy Windows, Fort Yuma Health Care Center (FYHCC)

Purpose: The purpose of this project replace existing window glass with bullet‐resistant glass.

Project Location: The FYHCC is located at 401 Picacho Road, Winterhaven, CA, 92283.

B. BACKGROUND

1. The FYHCC is located on the Quechan Nation in Winterhaven, CA, and serves approximately 4,500 people from the Quechan and Cocopah Tribes. It is an approximate 76,000ft2 building that has been accredited by The Joint Commission for hospital standards.

2. FYHCC opened its doors in July 2018 and provides many services including dental care, diagnostic imaging, pharmacy, behavioral health, and physical therapy. The pharmacy area needs a higher level of security, outlined in the following regulation excerpt:

Pharmacy windows located on the exterior of the facility will have bars or bullet‐resistant glass, which is sufficient to deter/prevent forcible entry into the pharmacy. Windows on the exterior of the pharmacy but interior of the facility will have barriers sufficient to prevent unauthorized access to the pharmacy. Barriers may include bars, bullet‐proof glass, or security shutters. If security shutters are used, pharmacy personnel must be physically present at all times while shutters are open

C. SCOPE OF WORK

1. The Contractor shall be responsible for all necessary work to achieve required outcomes. The Contractor shall furnish all labor, supervision, materials, equipment, tools, transportation, quality control, personal protective equipment (PPE), coordination with Authorities Having Jurisdiction (AHJ), Infection Control and Prevention/Construction Risk Assessments (ICRA), construction permits, incidental design, travel, TERO fees, and other resources required to perform the work described in this SOW and attached construction documents, which are incorporated herein by reference.

2. The Contractor will replace the glass in skylight windows with bullet‐resistant glass recognized by Underwriters Laboratories (UL) as providing Level 1 protection per UL Standard 752. There are 6 windows, each with approximate dimension of 4ft long x 3ft high. Contractor shall make, and shall be responsible for actual measurements.

3. The Contractor shall execute work in such a manner as to interfere as little as possible with normal functioning of the FYHCC as a whole, including any existing equipment and with work being done by others.

4. The Contractor shall be responsible for complete and strict compliance with the facility policies, including the safety and infection control policies.

D. CODES AND STANDARDS

The Contractor is responsible for securing all needed permits and for ensuring compliance with all federal, state, tribal, and local codes and design standards, latest editions, including, but not limited to the following:

a. International Building Code (latest edition)

b. National Fire Protection Association Codes (NFPA101) (latest edition)

c. Occupational Safety and Health Act – CFR1926

If discrepancies are found between the scope of work and codes or standards as referenced in this scope of work, the codes or standards shall govern, unless noted otherwise.

E. GENERAL REQUIREMENTS:

1. Project Management:

a. The Contractor shall meet with the Facility Manager prior to beginning on‐site work to discuss general security and operations requirements.

b. Construction activities shall be coordinated with Facility Manager to ensure that there are no detrimental impacts on the day to day operations of the FYHCC or on patient safety.

c. The project shall be completed outside the normal operating hours at Fort Yuma Health Care Center.

d. The Contactor shall work closely with facility personnel to schedule work, but any variances from the approved Project Schedule must be coordinated with the CO. The Contractor shall schedule work at least (5) five working days in advance of an activity to be performed on‐site.

e. Prior to commencing work, the Contractor shall provide proof that an OSHA certified “competent person” (CP) (29 CFR 1926.20(b)(2) will maintain a presence at the work site whenever the general or subcontractors are present.

f. The Contractor shall verify all existing field conditions and measurements prior to start of construction.

2. Project Schedule

a. The Contractor shall develop a project schedule. The project schedule shall include key milestones of the project, including start and finish dates, progress meetings, final inspection dates, and closeout dates.

b. The project schedule must be presented to the CO and COR prior to the issuance of the Notice to Proceed. Refer to FAR 52.236‐15, Schedules for Construction Contracts.

c. Contractor shall actively maintain and update the schedule as work progresses. Contractor is responsible for ensuring that the schedule is current.

3. Work Hours

The Fort Yuma Health Care Center normal business hours are as follows (excluding Federal holidays):

Monday, Tuesday, Wednesday and, Friday 8:00 AM – 5:00 PM Thursdays 10:00 AM – 5:00 PM

The work will occur outside of FYHCC’s normal business hours, so the Contractor must coordinate with the COR and the Facility Manager to schedule construction. There must be a 'responsible government agent' on site when any contractor is present on IHS property.

4. Demolition

Demolition or removal of project components shall not occur until replacement components are on site unless approved by the COR.

5. Protection of Work and Property/Safety Requirements:

a. The Contractor shall have the ultimate responsibility for safety on the project site at all times until final completion and acceptance of the project.

b. The Contractor shall comply with all Occupational Safety and Health Administration (OSHA) regulations, as found in 29 CFR 1910 and 1926, which are applicable to the construction project, including requirements set forth within solicitation provisions and contract clauses. In addition to

OSHA safety standards, the Contractor shall also adhere to all current local, federal, and state safety requirements. In the event where any safety standard referenced herein conflicts with another, the more stringent shall govern.

c. The Contractor shall be responsible for complete and strict compliance with the facilities policies and permitting requirements including the safety, interim life safety, and infection control policies. These policies shall be made available to the Contractor at their request.

d. The Contractor shall submit Safety Data Sheets (SDS) for all applicable products used on the project.

The Contractor shall maintain SDS binders on site at all times which shall include approved submittal prior to bringing material/product on‐site.

e. The Contractor shall maintain access to and from the building, allowing required egress and ingress by patients, visitors, and staff.

f. The Contractor shall protect the work, the site, and all existing property and structures within the limit of construction activities or that may be affected thereby until acceptance of the work. Special care shall be taken to not void the roof warranty or damage the roof membrane. Any damage to property shall be repaired at the Contractor's expense, to pre‐damaged condition to the satisfaction of the COR.

6. Accident Notification/Report

In the event of a job‐related accident, the Contractor shall immediately notify the Contracting Officer (CO) and the Contracting Officer’s Representative (COR) and shall prepare a detailed Report of Accident as prescribed by OSHA Regulations and forward the original and two copies to the Contracting Officer. The Contractor shall maintain an accident file for the life of the contract to include all accident reports. Any technical advice and assistance necessary in accident investigation and reporting may be requested from the respective Safety Office. Lost time injury is defined as "An injury resulting in a lost workday, not including the day of injury."

7. Infection Control And Prevention/Construction Risk Assessment (ICRA)

a. Contractor shall be responsible for complete and strict compliance with the facilities ICRA policy, including but not limited to the following:

i. Prior to work proceeding, the Contractor shall submit an ICRA plan (using Attachment J02‐ Preconstruction Risk Assessment and Attachment J03 Health Care Facility, Construction And/Or Renovation Risk Assessment) ; sketches indicating Contractor planned ICRA provisions, including temporary boundaries, walk‐off mats, negative air pressure zones, etc.

and as applicable to the ICRA permit requirements. The Contractor shall re‐submit ICRA as required by the COR until it is acceptable, at no additional cost to the Government.

ii. The Contractor shall strictly comply with the requirements of the ICRA plan.

iii. Contractor shall install protective measures to contain dust and debris during construction to assure a safe and irritant free environment for building occupants or as required by relevant policies and/or the COR. Contractor shall provide protection from dirt and dust, returning all areas to the original condition after work is complete, including the removal and disposal of all ICRA related materials and equipment.

iv. Contractor must leave the worksite broom clean at the end of each shift and prior to moving to the next project area.

v. Contractor shall protect the work, the site, and all existing property and structures within the limit of construction activities or that may be affected thereby until acceptance of the work.

Any damage to property shall be repaired at the Contractor's expense, to pre‐damaged condition to the satisfaction of the COR.

vi. Contractor shall maintain access to and from the building, allowing required egress and ingress by patients, visitors, and staff.

8. Safety and Accident Prevention Plan

a. The Contractor shall submit for approval a written site specific Safety and Accident Prevention Plan, prior to any site work commencing, explaining how they will comply with FAR 52‐236‐13. The plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work performance and a plan for controlling these hazards. The Contractor shall designate in writing the individual who is responsible for identifying and correcting safety hazards or violations on the job site.

b. One copy of the approved plan shall be provided to the CO and COR and one copy shall be maintained at the job site. In the event of changing site conditions or hazards, the plan shall be appended in writing and a copy of the change provided to the CO and COR.

9. Security Requirements:

a. All contractor personnel are required to sign‐in with the Facilities Office and wear a Contractor Identification Badge at all times (Refer to G.5. Identification of Contractor Employees). Contractor ID badges may also be issued by the Facilities Office.

b. Required work is in a hospital environment. The Contractor is required to comply with Health Insurance Portability and Accountability Act of 1996 (HIPAA) security requirements for safeguarding patient information.

10. Materials and Equipment

a. The material and equipment to be furnished under these contract documents shall be the standard products of manufacturers regularly engaged in the production of such materials and equipment and shall be the manufacturer's latest standard design.

b. All materials and equipment to be incorporated in the work shall be handled and stored by the manufacturer, fabricator, supplier and the Contractor before, during and after shipment in a manner to prevent warping, twisting, breaking, chipping, rusting and any injury, theft or damage of any kind whatsoever to the materials and equipment. All materials and equipment furnished by the Contractor shall be subject to inspection and approval by the CO/COR.

11. Existing Conditions and Coordination

The Contractor shall fully inform himself regarding any and all peculiarities and limitations of the spaces available for the installation of all work and materials furnished and installed under the contract.

Coordinate with all other trades, as well as with existing conditions, in advance of the work, including requirements for openings, recesses and chases in the walls, partitions, framing or openings and routing of piping, conduit, etc. relative to each trade to alleviate conflicts.

12. Waste

The Contractor shall remove and dispose of excess materials, debris, or waste at an approved off‐site location in accordance with applicable Local, Tribal, State and Federal laws and regulations, and pay any related fees. Burning or burial of materials is not permitted. The Contractor shall provide all required waste storage containers and coordinate their location on site with the Facility Manager.

F. SUBMITTALS

1. Within 10 calendar days after commencement of work or as otherwise established by the Contracting Officer, all materials and articles requiring approval, IAW 52.236‐5, Material and Workmanship, shall be submitted by the Contractor using a transmittal sheet as approved by the COR. Government review comments will be returned within seven (7) calendar days after receipt of submittals.

2. The Contractor shall provide the following submittals:

a. Construction Project Schedule (FAR 52.236‐15)

(1) Draft shall be submitted prior to issuance of the Notice to Proceed

(2) Completed schedule shall be submitted within five (5) calendar days after the work commences on the contract

b. Contact Information for Project Superintendent

c. List of Subcontractors/SF 1413 (FAR 52.222‐11 & H.3)

d. Infection Control Risk Assessment

e. Site Specific Safety Plan (Accident Prevention Program)

f. Safety Data Sheets (SDS) for all products

g. Submittal log form – Shall be submitted with the first submittal

h. Contractor Key Personnel Contact Information ‐ Shall be submitted

i. Qualifications of all tradespeople to include proof of certification and proof of taking OSHA construction safety course ‐ Shall be submitted prior to any site work commencing

j. The Contractor will provide two copies of official documentation from the bullet‐resistant glass supplier clearly showing the installed glass is recognized by UL provides Level 1 protection per UL Standard 752.

G. INSPECTIONS

The Government reserves the right to inspect all aspects of work performed, including hiring a third party inspector to verify proper installation and operation. The Contractor is required to demonstrate full and complete operation of all work performed. Final acceptance will be based on an acceptable final inspection.

a. Final Inspection completion date is the date established in the contract when the project is to be fully complete and is ready to turn over to the Government.

b. This includes final clean‐up of the site, removal of all trailers, construction signs and debris removed, and all punch list items resolved.

c. All items and final clean‐up of the project site shall be totally complete on the day and at the time the final inspection is scheduled.

d. Failure on the part of the Contractor to have the project ready for final inspection may result in a withholding of payment.

e. Final inspection and acceptance of the work will be by the CO or an authorized representative appointed in writing.

H. CLOSEOUT

Contractor shall provide all documentation required by this Scope of Work within seven (7) calendar days of project completion, prior to final walkthrough and prior to submitting the payment request. Submit draft versions of these items electronically (PDF). Once reviewed and approved, provide hard copy deliverables.

a. Warranty Certificates – 2 hard copies and 1 digital (PDF)

b. Operation and Maintenance Manual – 2 hard copies and 1 digital

The O&M Manual shall include the following but not limited to:

i. All approved submittals and shop drawings.

ii. Manufacturer maintenance instructions for all installed equipment

END OF SECTION

SECTION D

PACKAGING AND MARKING

D.1. PACKAGING AND MARKING

(a) All shipments of materials, equipment and/or supplies to the project site shall be addressed to the Contractor and not the Indian Health Service. Preservation, packaging and packing shall be in accordance with industry standard packaging appropriate for the item(s) involved. The Indian Health Service is not responsible in any manner for deliveries intended for the project that are not generated by the Indian Health Service.

(b) Equipment and materials provided by the Contractor shall be new and, where appropriate, shall arrive on‐ site sealed in original manufacturer’s containers. The Government reserves the right to refuse any items deemed to not meet this requirement.

(c) Material shall be stored in an enclosed and dry area protected from damage and soiling. The contractor shall coordinate a suitable storage area with the Facility Manager.

END OF SECTION

SECTION E

INSPECTION AND ACCEPTANCE

E.1. FAR 52.246‐12 INSPECTION OF CONSTRUCTION (AUG 1996)

(a) Definition.“Work” includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not‐

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this‐ section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the

Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may‐

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor’s right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.

(End of Clause)

END OF SECTION

SECTION F

DELIVERIES OR PERFORMANCE

F.1. 52.252‐2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(s):

https://www.acquisition.gov/far/

Federal Acquisition Regulation (48 CFR Chapter 1)

Number Title Date

52.242‐14 Suspension of Work Apr 1984

F.2. FAR 52.211‐10 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.

(End of Clause)

F.3. REMOVAL OF PERSONNEL

The Contracting Officer may require the Contractor to remove from the job any employee who endanger persons or property; those who manufacture, distribute, dispense, possess or use controlled substances at the worksite (FAR 52.223‐6, Drug‐Free Workplace); and those whose continued employment under this contract is inconsistent with the interest of security or for any and all other reasons as determined by the Contracting Officer as objectionable.

F.4. SUPERINTENDENT ON SITE

The contractor will ensure that the Project Superintendent is on site at all times work is being performed by the contractor or subcontractor(s). They shall directly oversee all apprentice and subcontractor work. The Project Superintendent is also responsible to ensure all labor and safety requirements are complied with; and ensure that the worksite is cleaned up at the end of each work day.

All communications between the IHS and contractor concerning the day‐to‐day workmanship on the project will be handled through the Project Superintendent and they MUST have the authority to act on behalf of the Contractor in all contractual matters.

END OF SECTION

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) means a person who is the principal individual and responsible representative of the Government with the authority to enter into, administer and/or terminate contracts and make related determinations and findings pertaining to the contract. The Contracting Officer signs all contractual documents, approves and signs all modifications to contracts, processes and approves payment requests, reviews and makes final decisions on contractual discrepancies, and administers the contract. The Contracting Officer is the only authorized individual to make changes to the contract.

(End of Clause)

G.2. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) Contracting Officer's Representatives (COR), may be appointed for the purpose of representing the Contracting Officer and assuring compliance with the contract requirements.

(b) The COR has NO AUTHORITY to make any changes to the contract or any contract documents.

(c) The COR may approve minor field changes which do not affect the scope, period of performance and/or price of the contract. The COR is authorized to issue notices regarding noncompliance of contract requirements, and to stop work on any portion of the job if the Contractor's methods cause unsafe conditions or will result in noncompliant work which would be impracticable to correct or to replace while permitting other (conforming) portions of the work to continue. Issuance of a Notice of Noncompliance as described herein does not constitute a suspension of work as described in FAR Clause 52.242‐14, Suspension of Work (April 1984).

(d) The COR is appointed in writing and the contractor will receive a copy of the appointment letter.

(End of Clause)

G.3. CONTRACT ADMINISTRATION DATA

Administration of this contract is under the cognizance of the Indian Health Service (IHS), Office of Environmental Health and Engineering (OEHE), Division of Engineering Services (DES).

(a) The Contracting Officer (CO) for this procurement is:

Kelly Britton IHS / Division of Facilities Engineering (DFE) 40 N. Central Avenue, Suite 720 Phoenix, AZ 85004‐4424 Telephone Number: (602) 364‐5081 Kelly.britton@ihs.gov

(b) The Contracting Officer’s Representative (COR) for this procurement is:

Vernon Clashin Telephone Number: (602) 364‐5062 Vernon.Clashin@ihs.gov

(c) The Project Manager (PM) for this procurement is:

Heather Zunino Telephone Number: (602) 364‐5091 Heather.Zunino@ihs.gov

G.4. ADDRESS FOR CORRESPONDENCE

(a) It is the intent of the Government to use electronic means as much as possible while administering this contract.

(b) Most correspondence should be sent via e‐mail directly to the Contracting Officer and Contracting Officer

Representative. Include the Contract Number on all correspondence. Overnight Mail and U.S. Mail shall be sent to the Contracting Officer, unless otherwise specified, at the address stated in G.3(b), above.

G.5. IDENTIFICATION OF CONTRACTOR EMPLOYEES

(a) Identification (ID) Badges. The contractor shall provide each employee with an ID badge on contract start date or on employment start date. The ID badge shall be made of non‐metallic material. The badge shall be easily readable and include the employee's name, the contractor's name, functional area of assignment, and a color photograph. The contracting officer or their designee shall approve the ID badge template before the contract start date.

(b) Display of ID Badges. Contractor personnel shall wear the ID badge at all times when performing work under this contract on site and when attending Government meetings and conferences off‐site. Unless otherwise specified, each contractor employee shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit such placement.

G.6. INVOICE REQUIREMENTS

(a) Invoices shall be prepared, submitted and paid in accordance with the following FAR clauses:

(1) 52.232‐5, Payments under Fixed‐Price Construction Contracts (May 2014)

(2) 52.232‐27, Prompt Payment for Construction Contracts (Jan 2017)

(3) 52.232‐33, Payment by Electronic Funds Transfer‐‐ System for Award Management (Oct 2018)

(4) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(b) The Designated Billing Office for this contract is the same as the address for correspondence, sent to the attention of the CO. Invoices that have been verified as correct by the COR and shall be emailed to the CO, unless otherwise instructed by the CO. The signed payment invoice shall be sent via e‐mail to the IHS Contracting Officer.

(c) Progress payments will not be authorized for this project. A single invoice for 100% of the work shall be submitted upon final acceptance by the government.

(d) The final invoice must be marked “Final” and be accompanied by a Release of Claims form, which lists the final payment as outstanding, in the Remarks field. The Release of Claims form is available from the CO. Final payment will be made within 30 Calendar days upon receipt of a properly executed invoice.

(e) The contractor will contact the Designated Billing Office with any payment issues or concerns.

Note: In accordance with FAR 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) ‐‐ Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. This applies to all small business subcontractors at all tier levels.

G.7 PAYMENT PROCESS

(a) FAR 52.232‐5, Payments Under Fixed ‐Price Construction Contracts, requires that before the first progress payment under the contract is submitted, the contractor shall prepare a proposal with value(s) for each principal category of the work which when added together equal the total contract price. A sample format is available from the Contracting Officer. The following is the detail required by the Contracting Officer:

(1) The principle categories of work shall be broken into line items of sufficient detail to allow meaningful measurement of the work on a monthly basis as determined by the COR. Units of measure appropriate to the type of work shall be used. “Lump sum” pricing of line items shall be avoided except where payment for that line item is to be requested based on 100% completion of that line item or where there is no other practical unit of measure.

(2) The cost of preparatory work (e.g., shop drawings or product submittals), field and home office overhead, profit, insurance, taxes, warranties, as‐built drawings, etc., shall be pro‐rated into items of physical work and not listed as separate line items. Cost of Performance and Payment Bonds may be listed as a single line item and not pro‐rated. Also, cost of mobilization and demobilization relating to transportation or installation costs associated with such items as site trailers, heavy equipment, temporary batch plants, temporary on‐site manufacturing and assembly facilities, temporary on‐site quarter’s facilities, temporary sanitation facilities, temporary utility connections, and/or temporary secured storage facilities may be listed as line items and not pro‐rated. If mobilization is listed separately, a line item for demobilization must be included and shall be at least 20 percent of the mobilization cost. A detailed listing of the items included and the individual cost for each item shall be provided in support of proposed amounts for mobilization and demobilization.

(b) Material stored on site may be included in earned progress if the Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform in contract.

(c) The following are instructions for submitting pay requests:

(1) Requests are to be submitted with signature for the Contractor certification statement (scanned signature okay) to the Designated Billing Office. Use of a format that complies with all of the requirements of the “Payments” clause of the contract is mandatory. A sample format is available from the Contracting Officer.

(2) The Contractor is responsible for delivery of each request for payment to the billing office. Hand delivery to the COR in the field does not constitute delivery to the billing office.

(3) If the contractor wishes to inquire concerning the status of any pay request, the contractor should contact the billing office.

(4) A completed Release of Claims that complies with the requirements of the “Payments” clause must be submitted with the request for final payment. A sample format is available from the Contracting

Officer.

(d) The final payment request will be rejected and returned to the contractor if all items required under the contract have not been completed, submitted, approved, and accepted prior to the receipt of the request; e.g., deficient work items, as‐built, payrolls, reports, O&M manuals, delivery of extra stock material, etc.

G.8. CERTIFICATION OF PAYMENTS ‐ RELEASE OF CLAIM

The Contractor, when submitting final payment under this contract, shall submit to the Contracting Officer:

(a) A certification that the Contractor has made payment from proceeds of prior payments, or that he will make timely payment from the proceeds of the progress or final payment then due him, to any subcontractors and suppliers in accordance with established contractual arrangements; and

(b) A properly executed Contractor's Release. The Release of Claims form is available from the Contracting Officer. Failure to submit this completed release will result in a delay of final payment.

END OF SECTION

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1. TRIBAL EMPLOYMENTS RIGHTS OFFICE (TERO)

(a) Any applicable TERO requirements shall be the responsibility of the contractor and must be included in the firm fixed price offered on the SF1442. Failure to include applicable TERO fees in the firm fixed price shall not constitute grounds for an equitable adjustment after award.

(b) Contractors are notified that this project will be performed on the Quechan Indian Reservation, home to the Fort Yuma Quechan Indian Tribe. Contractors are required to contact the Tribal Employment Rights Office (TERO) for information regarding Tribal policies and fees. Compliance with the tribal employment ordinance is required prior to starting work on any project performed on Tribal Land including payment of associated TERO fees/permits. Utilization of Tribal individuals will be a requirement of hiring goals for a set craft or skill level.

(c) Contacts:

Fort Yuma Quechan Indian Tribe 350 Picacho Road Winterhaven, CA 92283 Website: https://www.quechantribe.com/ TERO Contact: Robyn Waco (760) 572‐0213 ext 276 Email: teroofficer@quechantribe.com

H.2. RESERVATION REGULATIONS

(a) The Contractor, its employees and subcontractors shall become familiar with and obey the regulations of the applicable Indian Reservation including fire, traffic, safety and security regulations while on the Reservation or installation. Those individuals driving motor vehicles shall observe and obey all speed limits posted throughout the reservation. Personnel should not enter restricted areas unless required to do so and only upon prior approval. All contractor employees and subcontractors shall carry proper personal identification with them at all times.

(b) Contractor equipment shall be conspicuously marked for identification and parked or placed within approved areas only, out of the way of driveways, emergency access roads, and traffic.

H.3. TRIBAL BUSINESS AND LABOR REQUIREMENTS

It is the offeror’s responsibility to contact the Tribe to determine if a business license, fees and taxes are required for this project and the Tribal Employment Rights Office (TERO) to determine if the tribe has established employment requirements the contractor must comply with in order to employ tribal members where additional staff is required to perform the services and whether Tribal wage rates exceed the requirements of the Davis Bacon Act. If Tribal wage rates are higher than those required in the applicable DBA Wage Determination(s) for this project, the Offeror shall immediately contact the Contracting Officer for guidance. The Contractor will be responsible to pay all Tribal licenses, fees and taxes.

H.4. FEDERAL HOLIDAYS

(a) The Government only recognizes the following legal holidays established by federal statue:

New Year's Day January 1 Birthday of Martin Luther King, Jr. Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

(b) Any of the legal holidays falling on Saturday will be observed on the preceding Friday; legal holidays falling on Sunday will be observed on the following Monday.

(c) The Contractor should not perform work on observed legal holidays unless authorized by the Contracting Officer. In the event work is authorized on observed legal holidays, the Contractor shall pay all applicable overtime and/or holiday pay rates required by law.

H.5. SUBCONTRACTS

(a) Nothing contained in the contract shall be construed as creating any contractual relationship between any subcontractor and the Government. The divisions or sections of the specifications are not intended to control the contractor in dividing the work among subcontractors, or to limit the work performed by any trade.

(b) The contractor shall be responsible to the Government for acts and omissions of his own employees, and of subcontractors and their employees. He shall also be responsible for the coordination of the work of the trades, subcontractors, and suppliers.

(c) The Government will not undertake to settle any differences between or among the contractor and his subcontractors or suppliers.

(d) The contractor shall, without additional expense to the Government employ specialty subcontractors where required by the specifications. "Specialty Subcontractors," when specified as a requirement, means a subcontractor regularly engaged in the manufacture or installation of the contract items. The specialty subcontractor shall select and combine the materials involved, maintain and have available for the purpose, workmen skilled in the specified work. The specialty subcontractor shall be the manufacturer, be licensed by the manufacturer as an installer, or work under direct supervision of the manufacturer.

(e) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the clauses set forth in paragraph (b) of this clause have been included in the subcontract.

(f) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract.

H.6. SUBCONTRACTING

(a) In connection with the performance of work under this contract, the contractor shall not subcontract with any subcontractor who, at the time of subcontract award, is listed on the current GSA's Lists of Parties Excluded from Procurement and Non‐procurement Programs, unless otherwise authorized by the Government in accordance with Subpart 9.4 of the Federal Acquisition Regulations.

(b) The List of Parties Excluded from Procurement and Non‐procurement Programs is available at http://www.sam.gov/.

(c) In the event of the contractor's noncompliance with the foregoing requirements, the Government may terminate this contract for default or take other appropriate action, including, but not limited to, requiring the contractor to terminate any such subcontract and substitute an eligible subcontractor in lieu thereof, at no increase in the contract price or time for performance.

(d) The term "subcontractor," as used in this clause, shall mean the individual or firm with whom the contractor proposes to enter into a subcontract for manufacturing, fabricating, installing, or otherwise performing work under this contract.

(e) Within ten (10) days after contract award, the contractor shall furnish to the Contracting Officer in writing a list of all subcontractors scheduled to perform work under the contract on Form SF‐1413.

(f) The contractor shall include the provisions of paragraphs a., b., and d. of this clause in every subcontract hereunder.

H.7. INSURANCE

FAR 52.228‐5, Insurance Work on a Government Installation, states that "The contractor shall, at its own expense, provide and maintain during the entire performance period of this contract, at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the…